( 1 ) BEING aggrieved by the order passed the learned XXIII Addl. City Civil and Sessions Judge in Crl. R. P. No. 37/98 confirming the order passed by the learned Metropolitan Magistrate, Traffic Court-I, Bangalore in C. C. No. 24934/97 dismissing the application filed by the petitioner under S. 251, Cr. P. C. to stop further proceedings by discharging the accused, the petitioner has filed this petition under S. 482, Cr. P. C.

( 2 ) THE learned counsel for the petitioner submitted that if the entire case of the prosecution is taken as a whole no case is made out as against this petitioner; that the doctor's certificate only shows that he had consumed alcohol but not intoxicated and as such the impugned order is liable to be set aside.

( 3 ) HOWEVER, the learned SPP vehemently argued that the case is set down for recording the evidence and the quantity of alcohol consumed by the petitioner will have to be spoken to by the doctor who examined him as per the requisition of the police and therefore the impugned order does not call for interference.

( 4 ) THE brief facts of the case are that the Circle Inspector of Police attached to Traffic Zone booked a case against this petitioner on

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